역할학습 적용을 통한 국제거래법 실무교육

초록

New law school system being introduced in Korea, many efforts has been made to apply new teaching methods to legal education other than traditional lecturing model. Many legal scholars are trying to apply various teaching methods such as socratic method, role playing, problem method and clinic in order to address complex needs of the new law school students. While many papers on new teaching methods are being introduced in the area of constitutional law, civil law, and criminal law, which are required courses, very few papers are published regarding new teaching method in the international business transaction law. In this paper, applicability of socratic method to teaching international business transaction law is examined, and role playing is proposed as an alternative of socratic method. Even though socratic method is well applicable in the American law schools, it seems not so suitable in the context of Korean culture. The success factors for socratic method are discussion culture, usable cases, and students' preparation. Korean students are not accustomed to discussion which is essential in the socratic method. We don't have enough number of long and detailed legal cases for classroom discussion. Another success factor for socratic method is student's full preparation for class. The first year students in the American law schools fully prepare the class because record of the first year is extremely important to get a summer internship and final job. Therefore, students cannot but follow the intimidating socratic method. However, under the Korean law school system, grade point is not important compared to the bar exam score. For these reasons socratic method is difficult to be successful in Korea. We have to search alternatives, and role playing seems pertinent in our circumstances. The detailed way how to apply role playing to international business transaction law is as follows: First, we need to design a typical scenario of international sale of goods between two companies in different countries. A team of two students is assigned as an attorney representing each company, and each team negotiates according to the terms and conditions provided by professor and finalizes an agreement in English. Professor gives two different set of contract terms to each student and guide them to negotiate to produce agreed terms and conditions. Another scenario of dispute between the two companies is designed. In order for students to practice international arbitration, students are divided into two groups and each group representing each company. Arbitration tribunal is organized with 3 students. One group prepares a complaint, and another group answers. Both group present oral arguments. During the role playing, professor delivers legal theories and discusses cases using socratic method to facilitate the role play. Lecturing, briefing and questioning will always have a place in teaching law, but there are ways to create more active participation that are useful complements. Role playing is a device to encourage students to take responsibility for their learning, to expand participation to larger numbers of students, and teach communication skills. Role playing often helps students decide if a legal career is something they should pursue. It is not easy to apply role playing to entire semester. 7 or 8 weeks among 15 weeks would be proper. Mixture of role playing with lecturing and socratic method would create dynamic classroom atmosphere. Research shows that students learn more by doing than listening. Role playing, which helps students perform the role of legal professionals in the classroom, is a future teaching method that will replace the intimidating socratic method.

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